Which is status is better?

[sbr93071]

I got married in December 2020. I always filed my taxes single because my husband was not in the US. He came in July 2020 in the United States. But now I am filing for divorce (divorce will be filed in a week). He does work and we both live in separate states. I live with my parents and I am 23 years old. My husband and I never lived together/consummated the marriage and we never shared expenses. What is my filing status this year? Single or married-separately? Also, which one gives a better refund? I don't want to share my refund with him. 

[Mike9241]

When you are married to a nonresident alien, how you file your income taxes is your decision. The Internal Revenue Service grants you the ability to treat your spouse as a resident alien and file jointly or you can waive that provision and file separately - Married Filing Separate. You are still married, however, and are not allowed to file under the single status.  Your parents can not claim you as a dependent. 

[sbr93071]

So you mean I can file married separately? I'll most likely do that but are there any benefits to it like my refund going to my account only or maximizing refund? I also paid a paralegal for the divorce paperwork. Can I claim that money in taxes?